Questão jurídica principal
Whether the appeal against the cantonal decision was filed within the statutory time limit despite the rule excluding court recesses for estate security measures.
Decisão extraída
The appeal period expired before the filing was handed to the post; the appeal was therefore late and manifestly inadmissible.
Fundamentação extraída
The challenged decision was a measure concerning estate security under Art. 551 ff. CC and thus a measure within Art. 98 BGG. For such matters, the court recesses do not apply under Art. 46(2) BGG, so the 30-day deadline ran uninterrupted from service on 2 August 2010. The filing on 14 September 2010 was out of time.